AB514,98,10
15(6) (b) In cases of death involving a boat in which the person died within 6 hours
16of the time of the accident, a blood specimen of at least 10 cc. shall be withdrawn from
17the body of the decedent within 12 hours after his or her death, by the coroner or
18medical examiner
, or by a physician so designated by the coroner or medical
19examiner or by a qualified person at the direction of the physician. All morticians
20shall obtain a release from the coroner or medical examiner prior to proceeding with
21embalming any body
coming under the scope that is subject to the requirements of
22this section. The blood so drawn shall be forwarded to a laboratory approved by the
23state health officer for analysis of the
alcoholic
alcohol content of the blood specimen.
1The
laboratory shall notify the coroner or medical examiner causing the blood to be
2withdrawn
shall be notified of the results of each analysis made and
the coroner or
3medical examiner shall forward the results of each analysis to the state health
4officer. The state health officer shall keep a record of all examinations to be used for
5statistical purposes only. The cumulative results of the examinations, without
6identifying the individuals involved, shall be disseminated and made public by the
7state health officer. The department shall reimburse coroners and medical
8examiners for the costs incurred in submitting reports and taking blood specimens
9and laboratories for the costs incurred in analyzing blood specimens under this
10section.
AB514, s. 310
11Section
310. 30.675 (intro.) and (1) of the statutes are renumbered 30.675 (1g)
12and (1r) and amended to read:
AB514,98,1613
30.675
(1g) The display on a boat or by a person of
an orange flag approximately
1418 by 30 inches in size a visual distress signal of a type approved by the U.S. coast
15guard under 33 CFR 175.101 to 175.140 shall indicate that such boat or person is in
16need of help.
AB514,98,20
17(1r) Insofar as If it is possible without serious danger to the operator's boat or
18persons on board, the operator of a boat observing a distress signal shall render to
19the boat or person displaying the signal such assistance as
may be practicable and
20necessary is feasible to save the boat or person or to minimize any danger to them.
AB514, s. 311
21Section
311. 30.675 (2) of the statutes is amended to read:
AB514,98,2422
30.675
(2) No person
shall may display a
flag like that distress signal described
23in under sub.
(1)
(1g) unless such person is in need of assistance to prevent bodily
24injury or destruction of property.
AB514, s. 312
25Section
312. 30.68 (title) and (2) of the statutes are amended to read:
AB514,99,1
130.68 (title)
Prohibited Boat operation.
AB514,99,6
2(2) Negligent operation. No person may operate or use any boat
, or
3manipulate any water skis, aquaplane engage in water skiing or
a similar
device
4upon activity on the waters of this state in a careless, negligent
, or reckless manner
5so as to endanger
that person's life, property or person or the life
, or property
or of
6any person
of another.
Note: "Manipulate" is replaced by "engage in" with no intention of making any
change. "Water skiing or a similar activity" is defined in s. 30.50 by this bill. The last
phrase of this provision is simplified to refer to "the life or property of any person". The
reference to the "life" of a person refers to risks of both injury and death. The reference
to "any person" simplifies the language while continuing to refer to the person operating
or using a boat, water skis, or other device, any person on board the boat, as well as any
other person.
AB514, s. 313
7Section
313. 30.68 (3) (a) of the statutes is renumbered 30.68 (3) and amended
8to read:
AB514,99,129
30.68
(3) Operation by incapacitated person or minor. No person in charge or
10control of a boat
shall may authorize or knowingly permit the boat to be operated by
11any person who by reason of physical or mental
disability incapacity is incapable of
12operating
such the boat under the prevailing circumstances.
Note: This subsection is split into 2 subsections (see sub. (3m), below). Subsection
(3) applies only to persons lacking the capability of operating a boat. This provision
currently refers to physical or mental disability, but the title uses the word
"incapacitated". The title suggests that this provision is meant to be broader than a
narrow concept of physical or mental disability. This bill substitutes "incapacity" for
"disability". Incapacity is broader than "physical or mental disability", as it could include
any condition that has a bearing on the ability to operate a boat, such as physical strength
or fatigue. The last phrase, "under the prevailing circumstances", makes it clear that the
capacity to operate a boat under some conditions (e.g., in a sheltered bay) may not indicate
a capacity to operate the boat under other conditions (e.g., on a wind-swept lake).
AB514, s. 314
13Section
314. 30.68 (3) (b) to (d) of the statutes are renumbered 30.68 (3m) (a)
14to (c), and 30.68 (3m) (a) and (c), as renumbered, are amended to read:
AB514,99,1615
30.68
(3m) (a) No person under the age of 10 years may operate a motorboat.
16Persons at least 10 and less than 12 years of age may operate a motorboat only if they
1are either accompanied in the boat by a parent or guardian or a person at least 18
2years of age designated by a parent or guardian. Persons at least 12 and less than
316 years of age may operate a
motor of any horsepower
motorboat, but only if they
4are either accompanied by a parent or guardian or a person at least 18 years of age
5designated by a parent or guardian, or in possession of a certificate issued under s.
630.74 (1). This paragraph does not apply to personal watercraft.
Note: The reference to a motor of any horsepower is deleted because none of the
other provisions related to age of a motorboat operator related to horse power.
AB514,100,97
(c) A violation of par.
(a) or (b)
or (c) done with the knowledge of a parent or
8guardian
shall may also be deemed a violation by the parent or guardian
, and
9punishable under s. 30.80.
Note: "Shall" is replaced by "may" to provide discretion in citing a parent or
guardian under the particular circumstances. "Also" is added so that the violation of
requirements related to operation, leasing or rental of a motorboat or personal watercraft
by a minor applies both to the minor and to the parent or guardian who knew of the
violation. The current statute could be interpreted to mean that only the parent or
guardian who knew of the violation is deemed to be in violation of the statute. The
reference to the punishment under s. 30.80 is eliminated as unnecessary.
AB514, s. 315
10Section
315. 30.68 (3m) (title) of the statutes is created to read:
AB514,100,1111
30.68
(3m) (title)
Operation of motorboats by minors.
AB514, s. 316
12Section
316. 30.68 (4) (a) of the statutes is renumbered 30.68 (4) and amended
13to read:
AB514,100,1614
30.68
(4) Creating hazardous wake or wash. No person
shall may operate a
15motorboat
so as to approach or pass near another boat in
such a manner
as to create 16that creates a hazardous wake or wash.
Note: The phrase regarding approaching or passing another boat is eliminated to
make this provision broader. There does not appear to be a reason to limit it to these
conditions of boat operation. Eliminating this phrase applies this regulation to all
methods of motorboat operation, including operation in a circular course.
AB514, s. 317
17Section
317. 30.68 (4) (b) of the statutes is repealed.
Note: Current s. 30.68 (4) (b) creates a standard of strict liability for damage
caused by the wake or wash from a motorboat. A defense is provided if the negligence of
the other person was the primary cause of the damage. This statute relates to private
remedies and not to DNR enforcement. The special committee determined that such
damage should be subject to a standard of ordinary negligence, and thus recommends
repeal of this provision.
AB514, s. 318
1Section
318. 30.68 (4m) (title) and (5) of the statutes are amended to read:
AB514,101,22
30.68
(4m) (title)
Facing
Personal watercraft; facing backwards.
AB514,101,6
3(5) Operating in circular circuitous course. No person may operate a
4motorboat repeatedly in a circuitous course around any other boat, or around any
5person who is swimming, if
such the circuitous course is within 200 feet of
such the 6boat or swimmer
; nor shall any.
AB514,101,10
7(5g) Operation near skin diver or swimmer. No person may operate a boat
or
8water skier operate or approach and no person may engage in water skiing or a
9similar activity closer than 100 feet to any skin diver's flag or any swimmer unless
10the one of the following applies:
AB514,101,11
11(a) The person is operating a boat
that is part of
the a skin diving operation
or.
AB514,101,13
12(b) The person is operating a boat that is accompanying
the a swimmer
, or
13unless physical conditions make compliance impossible.
AB514, s. 319
14Section
319. 30.68 (5g) (c) of the statutes is created to read:
AB514,101,1715
30.68
(5g) (c) There is insufficient room for the person to operate the boat 100
16or more feet from the skin diver's flag or the swimmer and the boat is not being
17operated in excess of slow-no-wake speed.
Note: The current statute prohibits operation of a boat or use of water skis or
similar devices within 100 feet of a skin diver's flag or a swimmer. An exception is
provided for boats that are part of a skin diving operation or that are accompanying a
swimmer. A further exception applies if "physical conditions" make compliance
impossible. Presumably, this latter exception applies to narrow areas on a body of water
(e.g., channels or rivers) or when swimming or skin diving occurs near a boat landing.
The language of the current statute is clarified to better describe the latter exception with
a reference to the available room to navigate. Further, in the latter exception, a
requirement to operate at slow-no-wake speed is imposed for boats operating within 100
feet of a skin diver's flag or a swimmer pursuant to this exception. It should be noted that
s. 30.70 prohibits diving in established traffic lanes.
AB514, s. 320
1Section
320. 30.68 (5m) of the statutes is renumbered 30.66 (5) and amended
2to read:
AB514,102,53
30.66
(5) Towing Slow-no-wake; towing by a personal watercraft. A person
4may use a personal watercraft to tow a stranded or disabled boat if
, during towing
, 5the speed of the personal watercraft does not exceed slow-no-wake.
AB514, s. 321
6Section
321. 30.68 (6) of the statutes is amended to read:
AB514,102,147
30.68
(6) Riding on decks and gunwales. No person operating a motorboat may
8ride or sit, or may allow any other person in the motorboat to ride or sit, on the
9gunwales,
on tops of seat backs or sides
, or on the decking over the bow of the boat
10in an unsafe manner while under way, unless
such
the person is inboard of guards
11or railings provided on the boat to prevent persons from being lost overboard.
12Nothing in this
section subsection shall be construed to prohibit entry upon the
13decking over the bow of the boat for the purpose of anchoring, mooring
, or casting off
14or other necessary purpose.
AB514, s. 322
15Section
322. 30.68 (7) (title) of the statutes is amended to read:
AB514,102,1616
30.68
(7) (title)
Restricted Swimming areas and regulatory markers.
AB514, s. 323
17Section
323. 30.68 (7) of the statutes is renumbered 30.68 (7) (a) and amended
18to read:
AB514,102,2119
30.68
(7) (a) No person
shall may operate a boat within
a water any area
which 20that has been clearly marked by
regulatory markers or buoys
or some other
21distinguishing device as a
bathing or swimming area
; nor.
AB514,102,24
22(b) No person may operate a boat in restricted use areas contrary to regulatory
23notice pursuant to s. 30.74 (2). This subsection does not apply in the case of an
24emergency, or to patrol or rescue craft markers.
Note: The deletion of "restricted use areas" clarifies that this provision applies to
all regulatory markers, whether or not the regulatory marker designates a restricted use
area. See s. 30.68 (14) for the general exception for patrol boats.
AB514, s. 324
1Section
324. 30.68 (8) and (8m) (a) of the statutes are amended to read:
AB514,103,62
30.68
(8) Anchoring in traffic lanes. No person may anchor, place, affix
, or
3abandon any unattended boat, raft, float
, or similar structure in the traveled portion
4of any river or channel or in any traffic lane
established and legally marked 5designated by aids to navigation, so as to
prevent, impede or interfere with the safe
6passage of any other boat
through the same.
AB514,103,8
7(8m) (a) No person may use a mooring
or attach a boat to a mooring buoy if the
8mooring
or mooring buoy violates s. 30.772 or 30.773.
Note: "Attach a boat to a mooring buoy" duplicates the prohibition on use of a
mooring. "Mooring" is defined in s. 30.01 (3e), when used as a noun, to mean "a mooring
anchor and mooring buoy together with attached chains, cables, ropes and pennants and
related equipment, unless the term is qualified or restricted".
AB514, s. 325
9Section
325. 30.68 (8m) (c) of the statutes is created to read:
AB514,103,1110
30.68
(8m) (c) No person may attach a boat to any aid to navigation or
11regulatory marker, except to mooring buoys.
Note: The prohibition in new sub. (8m) (c) is moved to this location from s. 30.68
(12).
AB514, s. 326
12Section
326. 30.68 (9) and (11) of the statutes are amended to read:
AB514,103,1613
30.68
(9) Overloading. No person may operate, and no owner of a boat may
14allow a person to operate, a boat that is loaded with passengers or cargo beyond its
15safe carrying capacity, taking into
consideration weather and other account existing
16operating conditions.
AB514,104,2
17(11) Unnecessarily sounding whistles horns; use of flashing lights. No
18person
shall may unnecessarily sound a horn, whistle or other sound-producing
19device on any boat while
at anchor or under way on the water. The use of a siren
or
20a light that resembles an emergency light specified under sub. (14) (a) on any
boat
1except
duly authorized a patrol
boats on patrol or rescue boat that is on duty is
2prohibited.
Note: "At anchor or underway" is replaced by "on the water" to make this
prohibition broader. For example, the broader language would prohibit unnecessary
sounding of a horn while a boat is tied to a dock. "Emergency light" is added to the
prohibition on use of a siren.
AB514, s. 327
3Section
327. 30.68 (12) of the statutes is repealed.
Note: The prohibition on mooring or fastening a boat to aids to navigation or
regulatory markers is deleted here and recreated in s. 30.68 (8m) (c), above.
AB514, s. 328
4Section
328. 30.68 (14) (title) of the statutes is created to read:
AB514,104,55
30.68
(14) (title)
Patrol boats.
AB514, s. 329
6Section
329. 30.69 (title) of the statutes is amended to read:
AB514,104,7
730.69 (title)
Water skiing and similar activities.
AB514, s. 330
8Section
330. 30.69 (1) (title) of the statutes is amended to read:
AB514,104,99
30.69
(1) (title)
Prohibited at certain times Prohibitions; exceptions.
AB514, s. 331
10Section
331. 30.69 (1) (a) of the statutes is renumbered 30.69 (1) (a) (intro.)
11and amended to read:
AB514,104,1312
30.69
(1) (a) (intro.)
Except as provided in par. (b), no No person may
operate 13do any of the following:
AB514,105,2
141. Operate a motorboat towing a person
on engaged in water
skis, aquaplane
15or skiing or a similar
device
activity unless there is in the boat a
competent person
16in addition to the operator
in a position to observe the progress of the person being
17towed. An observer shall be considered competent if that person
who is in a position
18to observe, and can in fact observe
, the person being towed and relay any signals to
19the operator.
This observer requirement does not apply to motorboats classified as
20Class A motorboats by the department actually operated by the persons being towed
1and so constructed as to be incapable of carrying the operator in or on the motorboat.
2No person may engage
AB514,105,7
32. Engage in water skiing
, aquaplaning or
a similar activity,
or operate a
4motorboat towing a person engaged in water skiing or a similar activity, at any time
5from sunset to sunrise.
This restriction of the hours of water skiing does not prevent
6restrictions of the hours of water skiing between sunrise and sunset by local
7ordinances enacted pursuant to s. 30.77 (3).
Note: The reference to local ordinances is eliminated, and all provisions related
to local ordinances will be consolidated in s. 30.77. It is proposed to expand this
prohibition to apply to the motorboat operator as well as to the person engaged in water
skiing or a similar activity.
AB514, s. 332
8Section
332. 30.69 (1) (b) of the statutes is renumbered 30.69 (1) (b) (intro.)
9and amended to read:
AB514,105,1110
30.69
(1) (b) (intro.) Paragraph (a)
1. does not apply to
duly authorized water 11any of the following:
AB514,105,1412
1.
Water ski tournaments, competitions, exhibitions
or trials therefor, where
13adequate lighting is provided, or practice sessions that are authorized by a permit
14from a local governmental unit that enacts an ordinance under s. 30.77.
Note: The reference to "duly authorized" water ski tournaments and other
activities is unclear. A specific reference to authorization by means of a permit from a
local governmental unit that adopts ordinances under s. 30.77 is substituted for that
phrase.
"Practice sessions" is substituted for "trials". The meaning of "trials" is not clear,
although one sense of that word is a preliminary competition. The special committee
believes that the exemption from the observer requirement is widely understood to apply
to all activities related to organized water ski activities, including practice sessions, and
that the broader exemption from the observer requirement is appropriate, so the statute
is redrafted accordingly.
Current s. 30.69 (1) (a) commences with "Except as provided in par. (b)". That
provision is recreated above in s. 30.69 (1) (c), with the omission of the reference to the
provision of adequate lighting. It appears to be the intent of the current statute that the
observer requirement does not apply to water ski tournaments, competitions, exhibitions
or practice sessions under any circumstances.
AB514, s. 333
15Section
333. 30.69 (1) (b) 2. of the statutes is created to read:
AB514,106,3
130.69
(1) (b) 2. Motorboats less than 16 feet long that are operated by the person
2being towed and that are so constructed as to be incapable of carrying the operator
3in or on the motorboat.
AB514, s. 334
4Section
334. 30.69 (1) (bm) of the statutes is created to read:
AB514,106,85
30.69
(1) (bm) Paragraph (a) 2. does not apply to water ski tournaments,
6competitions, exhibitions, or practice sessions that are conducted under a permit
7from a local governmental unit that enacts an ordinance under s. 30.77 and for which
8adequate lighting is provided.
AB514, s. 335
9Section
335. 30.69 (1) (c) of the statutes is renumbered 30.69 (1) (b) 3. and
10amended to read:
AB514,106,1411
30.69
(1) (b) 3.
In addition to complying with par. (a), no person may operate
12a A personal watercraft that is towing a person who is
on engaged in water
skis, an
13aquaplane skiing or
a similar
device activity unless the personal watercraft is
14designed to seat at least 3 persons.
AB514, s. 336
15Section
336. 30.69 (2) of the statutes is amended to read:
AB514,106,2016
30.69
(2) Careful and prudent operation. A person operating a motorboat
17having in tow a person
on water skis, aquaplane or
engaged in water skiing or a 18similar
device activity shall operate
such boat the motorboat in a careful and prudent
19manner and at a reasonable distance from persons and property so as not to
20endanger the life or property of any person.
AB514, s. 337
21Section
337. 30.69 (3) of the statutes is amended to read:
AB514,106,2522
30.69
(3) Restrictions. (a) No person operating a motorboat that is towing
23persons a person engaged in water skiing
, aquaplaning or
a similar activity may
24operate the motorboat within 100 feet of any occupied
, anchored boat, any personal
25watercraft
, or any marked swimming area or public boat landing.
AB514,107,3
1(b) No person who is engaged in water skiing
, aquaplaning or
a similar activity
2may
get come within 100 feet of a personal watercraft or allow the tow rope while in
3use to
get come within 100 feet of a personal watercraft.
AB514,107,54
(c) 1. A motorboat towing a person who is engaged in water skiing
, aquaplaning 5or
a similar activity.
AB514,107,76
2. The tow rope of a motorboat towing a person who is engaged in water skiing
,
7aquaplaning or
a similar activity.
AB514,107,88
3. A person who is engaged in water skiing
, aquaplaning or
a similar activity.
AB514,107,119
(d) Paragraphs (a) to (c) do not apply to pickup or drop areas that are marked
10with regulatory markers and that are open to operators of personal watercraft and
11to persons and motorboats engaged in water skiing
or a similar activity.